FOIA CASE 16-CV00104 SOM RLP

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  • 8/19/2019 FOIA CASE 16-CV00104 SOM RLP

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    FOIA COMPLAINT PAGE: 1

    Records Custodian: Carol Nye-Wilson, PO Box 711419, Mountain View, HI 96771, E: [email protected], P: 808-756-0936 

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    Carol Nye-WilsonRandy ChapelPO Box 711419Mountain View, HI 96771E: [email protected]

    P: 808-756-0936

     In Pro Per

    UNITED STATES DISTRICT COURT

    DISTRICT OF HAWAII

    CAROL NYE-WILSON, RANDY CHAPEL,

    Plaintiffs,

    vs.

    UNITED STATES DEPARTMENT OFEDUCATION, UNITED STATESDEPARTMENT OF STATE,

    Defendants

    )

    )))))))))))))

    )

    Case No.:

    COMPLAINT

    COMPLAINT

    Plaintiffs Carol Nye-Wilson and Randy Chapel bring this action against Defendant U.S. Department

    of State and U.S. Department of Education to compel compliance with the Freedom of Information

    Act, 5 U.S.C. § 552 ("FOIA"), as the Government acts to withhold records from Plaintiffs in multiple

    Departments as a common practice against the Plaintiffs and open record laws. As grounds therefore,

    Plaintiffs allege as follows:

    1.  The Court has jurisdiction over this action pursuant to 5 U.S.C. § 552(a)(4)(B) and 28

    U.S.C. § 1331.

    2.  Venue is proper in this district pursuant to 28 U.S.C. § 1391(e).

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    FOIA COMPLAINT PAGE: 2

    Records Custodian: Carol Nye-Wilson, PO Box 711419, Mountain View, HI 96771, E: [email protected], P: 808-756-0936 

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    PARTIES

    3.  Carol Nye-Wilson (“NYE-WILSON”) and Randy Chapel (“CHAPEL”) seek to

     promote transparency, integrity, and accountability in government, and fidelity to the rule of law.

    Plaintiffs regularly request records from federal agencies pursuant to the FOIA to seek an accounting

    of what the Government has been done to harm NYE-WILSON, CHAPEL, and CHAPEL's family.

    Plaintiffs will disseminate the findings and the requested records to the American public to inform

    them about "what their government is up to.”

    4.  The Plaintiffs also will inform the public of the irreparable damage by the

    Government in concert with several immoral and unethical Religious frauds, three insurance carriers,

    two accreditors, approximately one dozen attorneys/ law firms, and members of the U.S. Departments

    of Education and Justice to willfully and knowingly cause as much irreversible damage as possible,

    while perpetuating known corruption and fraud via their principal actor, Assistant U.S. Attorney

    James A. Scharf (“SCHARF”) for the Department of Justice.

    5.  Defendant U.S. Department of State (“STATE”) is an agency of the United States

    Government and is headquartered at 2201 C Street N.W., Washington, DC 20520. Defendant STATE

    has possession, custody, and control of records to which Plaintiffs seek access.

    6.  Defendant U.S. Department of Education (“USDE”) is an agency of the United States

    Government and is headquartered at U.S. Department of Education, 400 Maryland Avenue, SW.,

    Washington, D.C. 20202. Defendant USDE has possession, custody, and control of records to which

    Plaintiffs seek access.

    7.  The United States Government has a history of withholding records and information

    from Plaintiffs by refusing to be transparent, accountable, and by ignoring rule of law. It refuses

    transparency and accountability. It refuses rule of law. The United States Government with other

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    FOIA COMPLAINT PAGE: 3

    Records Custodian: Carol Nye-Wilson, PO Box 711419, Mountain View, HI 96771, E: [email protected], P: 808-756-0936 

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     parties have caused as much irreversible damage to Plaintiffs as possible, while perpetuating known

    corruption and fraud that harms the public welfare.

    8.  Jefferson’s view of Government held that government can only do what is explicitly

    enumerated in the Constitution of the United States. One hundred years later, Theodore Roosevelt

    disagreed, holding that government can do anything that is not specifically prohibited in the

    Constitution, and Government had to be more central and assertive than what the Constitution had

    envisioned.1  Two hundred years after Jefferson, the Bush Administration's expansive vision of

    executive power eclipsed the Constitution's mandated system of checks and balances. Some see the

    Bush years as lurching toward an imperial presidency, posing a direct threat to the essence of

    American liberty.2  The overall case and issues are in part, a symptom of that Administration’s

    obscene power-grab at the direct expense of individual liberties, parameters set forth in the U.S.

    Constitution, State Constitutions, federal and state laws and decisional cases.

    9.  For the record, all the Obama Administration (“OA”) had to do was steer clear  of the

    train wreck  of Margaret Spellings (“SPELLINGS”), et al., and her explicit need to prostitute herself

    for corporate America. Instead, the OA simply added to the massive SPELLINGS “clusterfuck ” by

    continuing the Government’s cover up instead of enforcing rule of law that resulted in irreparable

    damage and educational scandal, the likes of which America has not seen since the Teapot Dome and

    Watergate scandals.

    10. 

    In spite of everything going for Arne Duncan (“DUNCAN”) in 2009 to clearly skirt,

    and distinctly distance himself from the massive SPELLINGS’ “clusterfuck,” he defended the

    disastrously mishandled undertakings by SPELLINGS, and multiplied the damage.

    !  Ken Burns: The Roosevelts: An Intimate History, Directed by Ken Burns, (2014; Alexandria, VA: PBS Distribution, 2014), DVD.

    # www.csmonitor.com/USA/2009/0114/p11s01-usgn.html . Read: Unchecked And Unbalanced: Presidential Power in a Time of Terror  by Frederick

    A. O. Schwarz Jr

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    FOIA COMPLAINT PAGE: 4

    Records Custodian: Carol Nye-Wilson, PO Box 711419, Mountain View, HI 96771, E: [email protected], P: 808-756-0936 

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    WESTERN SEMINARY FUNCTIONS LIKE A CRIME SYNDICATE WITH OTHERSAIDING ONGOING SCHEMES OF CORRUPTION AND FRAUD

    11.  Over the course of a number of years, RICO parties Western Seminary

    (“WESTERN”), Steve Korch (“KORCH”), Gary Tuck (“TUCK”), Lynn Ruark (“RUARK”), Randal

    Roberts (“ROBERTS”), Rob Wiggins (“WIGGINS”) and Bert Downs (“DOWNS”) with their co-

    conspirators: The Association of Theological Schools in the United States and Canada (“ATS”),

    Daniel Aleshire (“ALESHIRE”), Jeremiah McCarthy (“MCCARTHY”), Charles Willard

    (“WILLARD”), Tisa Lewis (“LEWIS”), The Northwest Commission on Colleges and Universities

    (“NWCCU”), Sandra E. Elman (“ELMAN”), GuideOne Insurance Company (“GUIDEONE”),

    Brotherhood Mutual Insurance Company (“BROTHERHOOD”) and Tudor Insurance Company

    (“TUDOR”). WESTERN is a 501(c)(3) nonprofit corporation engaged in activities affecting

    interstate or foreign commerce.

    12.  There are several enterprises involved. WESTERN's enterprise includes and is not

    limited to employees KORCH, TUCK, RUARK, ROBERTS, WIGGINS and DOWNS. The

     NWCCU enterprise includes and is not limited to employee ELMAN. The ATS enterprise includes

    and is not limited to current and former employees ALESHIRE, MCCARTHY, WILLARD and

    LEWIS.

    13.  The enterprises, RICO parties, with their co-conspirators used the services of

    attorneys, in an attempt to cover-up communications, plans, goals, and practices for the enterprises,

    RICO parties, and their co-conspirators. The attorneys include:

    a. 

    ATS: Tom Johnson, John Barber, Lisa Sween, Jessica Luke and others. b.   NWCCU: Michael Madden and others.c.  WESTERN: Linda McPharlin, Jonathan Radmacher, Thomas Hadley, Anthony

    Lauria, Mark Shem, Anthony Zand, Sam Phillips, Andrew Adler, Ellen Hung,David Trent, and others.

    d. 

    KORCH: Linda McPharlin and others.

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    FOIA COMPLAINT PAGE: 5

    Records Custodian: Carol Nye-Wilson, PO Box 711419, Mountain View, HI 96771, E: [email protected], P: 808-756-0936 

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    14.  The various RICO parties at all times relevant were employed by their respective

    enterprises and practiced a pattern of racketeering activity, conducted or participated, directly or

    indirectly, in their various enterprising affairs. Beginning in 2001, or earlier, and continuing through

    2016, RICO parties and their co-conspirators engaged in a continuing pattern of racketeering activity,

    through the internet, phone, the mail, and in-person interactions to support, defend, and encourage

    activities for purposes unauthorized  by federal and state laws, the U.S. Constitution and state

    constitutions, legislation by Congress, and court decisional cases. A pattern of racketeering activity

    extended through a myriad of actions to directly and indirectly cause as much irreparable damage to

    CHAPEL, NYE-WILSON, Major Dr. Dale Wilson, PhD. (Army ret.) (“WILSON”), and by extension

    Joel Chapel (“JOEL”) and Susan Allister (“SUSAN”), while supporting the personal and corporate

    unlawful gain of the enterprises, RICO parties, and co-conspirators.

    15.  The enterprises, RICO parties, and co-conspirators engaged in a pattern of

    racketeering activity so deeply embedded, pervasive, and continuous that it was effectively

    institutionalized as a business practice, thereby corrupting the very mission of the enterprises, while

    donors to WESTERN, for example, believed they were supporting WESTERNs’ original and

    approved mission.

    16.  Unfortunately for America and the cause of justice, the enterprises, RICO parties, and

    co-conspirators interfaced their schemes with the U.S. Government, which directly and indirectly

     protected the enterprises, RICO parties, co-conspirators.

    17.  The difference between the indictments against FIFA et al. and this case? The

    enterprises, RICO parties, and co-conspirators cooperate with, rely upon, are encouraged by, and are

    directly and indirectly protected by the U.S. Government to collectively, actively, knowingly, and

    willfully promote the corruption and fraud of the enterprises, RICO parties, and co-conspirators. This

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    FOIA COMPLAINT PAGE: 6

    Records Custodian: Carol Nye-Wilson, PO Box 711419, Mountain View, HI 96771, E: [email protected], P: 808-756-0936 

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    occurs because the corruption and fraud of the enterprises, RICO parties, and co-conspirators is

    interwoven with the cover up for  current and former U.S. Government employees who exceeded their

     power and obstruct justice as the government did to Plaintiffs.

    U.S. GOVERNMENT PROTECTION

    18.  The conduct of the enterprises, RICO parties, and co-conspirators violates the

    Racketeer Influenced and Corrupt Organizations Act, 28 U.S.C. § 1961 et seq., among many other

     federal and state laws, as well as the U.S. Constitution, the California Constitution and decisional

    cases. The Government, and in particular OA, has acted to cover up the racketeering, conspiracy,

    wire fraud, money-laundering conspiracy, making willfully false statements and documents to federal

    authorities, money laundering, and student aid fraud. In spite of this knowledge by the Government

    and OA, it has acted to protect the enterprises, RICO parties, and co-conspirators at all costs over and

    against CHAPEL, NYE-WILSON and their family members, causing irreparable damage.

    FALSE CLAIMS ACT (FCA), 31 U.S.C. §§ 3729 - 3733

    19.  The False Claims Act (“FCA”), 31 U.S.C. §§ 3729 - 3733 was enacted in 1863 by a

    Congress concerned that suppliers of goods to the Union Army during the Civil War were defrauding

    the Army. The FCA provided that any person who knowingly submitted false claims to the

    government was liable for double the government’s damages plus a penalty of $2,000 for each false

    claim. Since then, the FCA has been amended several times. In 1986, there were significant changes

    to the FCA, including increasing damages from double damages to treble damages and raising the

     penalties from $2,000 to a range of $5,000 to $10,000. The FCA has been amended three times since

    1986. Over the life of the statute it has been interpreted on hundreds of occasions by federal courts.

    In fiscal year 2015 alone, the Justice Department recovered over $3.5 Billion from false claim cases.

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    FOIA COMPLAINT PAGE: 7

    Records Custodian: Carol Nye-Wilson, PO Box 711419, Mountain View, HI 96771, E: [email protected], P: 808-756-0936 

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    20.  To violate the FCA a person must have submitted, or caused the submission of the

    false claim (or made a false statement or record) with knowledge of the falsity.

    21.  As the OA is now chiefly aware, WESTERN has been in violation of the FCA due to

    its false claims in the Program Participation Agreement (“PPA”) required by USDE under Title IV

    and HEA requirements since 2003, in order for schools to apply for and receive Title IV federal

    student financial aid. The OA supports schools like WESTERN circumventing the FCA through

    intimidation, threats, coercion, and extortion of a student’s education and all future education

    leading to master degrees. Some 40% of Western Seminary's income is from Title IV funds. The

    Higher Education Act ("HEA") mandates that an educational institution is ineligible to request Title

    IV student loan and grant funds without first executing a PPA with the Secretary of Education. The

    PPA requires participating schools to maintain compliance with the HEA, Section 504, Title IV, Title

    VI, FERPA, and etc. in order to receive Title IV federal student aid funds. If an institution submits

    knowingly false promises to comply with the HEA and other federal statutes and regulations required

     by the mandatory PPA, and willfully violates them or is knowingly and willfully violating them at the

    time of signing the PPA, it is actionable under the FCA. The controlling case on point is United

     States of America ex rel. Mary Hendow and Julie Albertson v. University of Phoenix ; Civil Action

    No. 2:03-cv-00457-GEB-DAD (E.D. Cal.), which netted a $78.5 million settlement.

    22.  Defended by the OA, schools like WESTERN can use settlement agreements to

     prevent students, employees and members of the public from whistle blowing to the government or

    filing FCA cases. Schools like WESTERN can falsify or destroy records, make false statements to

    federal investigators, commit tax evasion, make false claims, block First Amendment rights of

    students and their families, retaliate against whistle blowers reporting Section 504 fraud, obstruct

     justice, conceal child molestations, and commit offenses of dishonesty in fiscal responsibilities, etc.

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    Records Custodian: Carol Nye-Wilson, PO Box 711419, Mountain View, HI 96771, E: [email protected], P: 808-756-0936 

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    23.  WESTERN has been approved for Federal Student Aid Programs (“FSAP”) since

    2003. Since that time, its tuition and fees has increased to $5,526,839 per fiscal year, whereby forty

     percent coming from FSAP. That is a maximum cap of $71,848,907 for tuition and fees since 2003,

    with a maximum of $28,739,562.80 paid by FSAP since 2003. Without FSAP in 2003, WESTERN

    would have been out of business and insolvent, since it already had financial troubles for which

     NWCCU placed WESTERN on institutional probation in 2003. The OA and most importantly, the

    PRESIDENT, the Attorney General, the current and former Secretary of Education and other high

    ranking members of Defendant USDE involved in FSAP are now chiefly aware of this due to the

    investigative work by relator Plaintiffs.

    24.  Under the FCA, if the government intervenes in the qui tam action, the relator is

    entitled to receive between 15 and 25 percent of the amount recovered from the school by the

    government through the qui tam action. If the government declines to intervene in the action, the

    relator’s share is increased to 25 to 30 percent. These varieties provide for a possible recovery range

    of $4,310,934.42 to $8,621,868.84 from the school for the relator Plaintiffs.

    25. 

    CHOOSING TO NOT INVESTIGATE IS NOT AN OPTION FOR THE

    EXECUTIVE BRANCH. The U.S. Congress makes it clear that (31 U.S. Code § 3730) “The

    Attorney General diligently shall investigate a violation under section 3729. If the Attorney General

    finds that a person has violated or is violating section 3729, the Attorney General may bring a civil

    action under this section against the person.”

    26.  THE OA INSTEADS CHOOSES TO OBSTRUCT JUSTICE AND ABUSE

    POWER AGAINST PLAINTIFFS.  We have learned, attorneys are reluctant to take the FCA

    case against WESTERN in fear of retaliation directly or indirectly against themselves and

    current or future cases by Justice. Because the United States Government is directly involved in

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    FOIA COMPLAINT PAGE: 9

    Records Custodian: Carol Nye-Wilson, PO Box 711419, Mountain View, HI 96771, E: [email protected], P: 808-756-0936 

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    the corruption and fraud supporting and defending directly and/or indirectly the enterprises, RICO

     parties, and co-conspirators, the OA is in violation of the law. Obstructing justice and abuse of

     power by the OA in this case are grounds for impeachment (U.S. Constitution at Art. II Sec. 4.) and

    clearly grounds for employment termination by Justice attorneys like James A. Scharf.

    Federal Tort Claims Act (“FTCA”) 28 U.S.C. § 1346(b)

    27.  The FTCA constitutes a limited waiver of sovereign immunity, permitting citizens to

     pursue some tort claims against the government. There are times when the Government screws up,

    fails, and in some cases the subsequent damage can wipe out an entire family as in the controlling

    case of Don Yoon, et al. v. United States, United States District Court for the Southern District of

    California, Case No. 3:10-CV-1578 JM . In Yoon, Don Yoon’s wife, two daughters and mother-in-

    law were tragically killed when a Navy/Marine Corps jet crashed into the Yoon home. The United

    States Government fought, but finally admitted liability for the crash that was caused by improper

    maintenance of the jet which is analogous to improper oversight of WESTERN, ATS and NWCCU

     by the Defendant USDE which caused irreparable damage to Plaintiffs and their family members.

    28.  Defendant USDE has an ongoing history of failing oversight of accreditors and thus

    schools as noted in the 2003 audit by the Inspector General of Defendant USDE. This case and the

    impact it has had on CHAPEL, and thus SUSAN, JOEL, NYE-WILSON and WILSON, underscores

    this point. CHAPEL’s life is now eviscerated and his family has been completely destroyed.

    SUSAN is off with someone else, and is raising JOEL as if CHAPEL doesn’t exist as JOEL’s father.

    29. 

    On October 7, 2011, Jill Siegelbaum, Attorney in the Office of General Counsel for

    Defendant USDE admitted under oath that Defendant USDE “had no responsive records and is

    unaware of any other location where such records might be located ” regarding records required for

    letters and actions in 2007-2008 by Defendant USDE. Similarly, on December 10, 2015, Defendant

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    Records Custodian: Carol Nye-Wilson, PO Box 711419, Mountain View, HI 96771, E: [email protected], P: 808-756-0936 

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    USDE stated it “does not have any records documenting any type of waiver or exception to

    the provisions of the PPA.”  The OA and most importantly, the PRESIDENT, the Attorney

    General, the current and former Secretary of Education, and other high ranking members of

    Defendant USDE are aware that at the heart of this case are the ongoing enforcement failures by

    Defendant USDE that have now completely and irreparably destroyed a family by all of this with

    irreparable damage to the relationships.

    30.  In 2012, Plaintiffs sued the USDE under the FTCA for over $40,000.000. The OA

    continued to protect and cover for the school (WESTERN) and two accreditors, while flushing

    millions of dollars of federal money from taxpayers to the school. The USDE and particularly the OA

     brushed aside justice under two claims: 1) Sovereign, and 2) 28 U.S. Code § 2680(h).

    31.  Due to the U. S. Government intervening in this case to support the corruption and

    fraud of the enterprises, the RICO parties, and the co-conspirators, due to SPELLINGS' underhanded

    actions in 2008, WESTERN remains in business and unjustly accredited and as far as the unaware

     public, courts, donors, students, alumni and U.S. Congress know, and did nothing wrong, while

    CHAPEL, SUSAN, JOEL, NYE-WILSON, and WILSON unjustly suffer.

    SPELLINGS

    32.  It is time to publicly call out SPELLINGS for what she has done that has caused so

    much damage to so many people. It should be clearly understood that Plaintiffs are not the only ones

    impacted by all of this. While SPELLINGS only now admits her actions and statements regarding

    the censorship of the TV show “ Postcards from Buster ” were wrong and “a mistake,” she is and has

     been the controlling factor. Without her advocating for the corrupt and fraudulent Religious and

    other educational leaders, it is reasonable to conclude that the Government would NEVER – EVER

    have become so deeply involved in this case.

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    Records Custodian: Carol Nye-Wilson, PO Box 711419, Mountain View, HI 96771, E: [email protected], P: 808-756-0936 

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    33.  This SPELLINGS train wreck  and her explicit need to prostitute herself for corporate

    America is her problem and lifestyle choice, not the OA’s. It is time the OA realizes that

    SPELLINGS needs to be “thrown under the bus” rather than protect that corporate whore.

    34.  The U.S. Government, and in particular, the OA claims sovereign privilege and 28

    U.S. Code § 2680(h) to support SPELLINGS, her special interests and corrupt Government

    employees. By doing this, the U.S. Government and in particular the OA, has directly inserted itself

    into the conflict, obstructing justice in two civil cases, while abusing power and destroying lives.

    35.  It says a great deal about a sovereign that it must be deceitful and act with trickery. A

    lie doesn't become truth, wrong doesn’t become right and evil doesn’t become good just because the

     sovereign says so.

    OBAMA AND OTHERS KNEW OR SHOULD HAVE KNOWN WHAT WAS GOING ON

    36.  Who in Government knows about this case? The PRESIDENT, Attorney General

    (Holder, Lynch) and other high ranking members in the Department of Justice, former and current

    directors of the FBI, current and former U.S. Attorneys across the United States, each member of the

    U.S. Congress, former and current employees of the U.S. Department of Education and State, and

    many more. Each and everyone one of them in Government has received factual information about

    this case of Government corruption and educational fraud that irreparably damaged Plaintiffs.

    37.  The U.S. Government and in particular, the OA has fought for a lack of transparency

    and the lack of accountability, and thereby perpetuating the massive SPELLINGS “clusterfuck .” It

    was under SPELLINGS that the General Counsel Office (TALBERT) instructed Defendant USDE

    employees via memo to disregard and not to speak with Plaintiffs CHAPEL, NYE-WILSON and

    their attorney, John Hannon making things worse. SPELLINGS, et al., placed their desire to avoid

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     public scandal over the well being of a family, to nourish the Religious regarding a sex offender and

    their corruption.

    38.  SPELLINGS, et al., didn’t merely obstruct justice and abuse power in 2007-2008.

    SPELLINGS, et al., set the Government’s vision to eviscerating CHAPEL and NYE-WILSON using

    the Government as a means to an end. To the extent that the OA proceeded to continued that

    evisceration, and most unquestionably by using James A. Scharf as a preferred weapon of the

    Government, betrays the depths of grave depravity Government has been willing to take this case.

    39.  Superintendent Beverly Hall was indicted for her involvement in the Atlanta Public

    Schools cheating scandal. The GBI report said she “knew or should have known” what was going on.

    Throughout this entire ordeal, CHAPEL and NYE-WILSON have repeatedly written to PRESIDENT

    and others within the U.S. Government, often using certified letter to prove receipt and to show that

    the OA knew or should have known what was going on.

    A DANGEROUS PRECEDENT

    40.  Plaintiffs and their family members are irreparably damaged by the U.S. Government

    and in particular by the OA, while the OA continues to support, defend, and cover up educational

    corruption and fraud with public money at all costs, since the cover up also serves the ongoing

    failures by Defendant USDE, Defendant STATE, the Department of Justice, and a host of others.

    41.  The OA is playing with fire and it doesn’t care how many people or families are hurt.

    As a result of the willful and unjustified damage perpetrated against Plaintiff CHAPEL, he has lost

    his education, his house, his land, his things, his 2nd Amendment rights, his professional pursuits, and

    most of all his family, because the Government will stop at nothing to cover for the enterprises, the

    RICO parties, and the co-conspirators.

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    42.  Plaintiff CHAPEL no longer has any will to continue. He sees no future for himself,

    and has become a shell of a human. His life, his 2nd Amendment rights, his things and property, and

    most of all his family were eviscerated before his eyes. Acting on behalf of the Government,

    SCHARF says CHAPEL should just “move on.”

    Basically, .......... “Government, et al., screwed your life completely over, now moveon and live with it.”

    43.  The Government's lack of rule of law and cover up of corruption and fraud--beginning

    with SPELLINGS through the present OA--resulted in a magnitude of educational fraud and chaos

    that devastated Plaintiff's very will to live, while it also damaged the integrity of higher education and

    accreditation. Should anything happen to Plaintiff CHAPEL, there is a paper trail for third parties

    interested in this case tracing back to the Government sources, and their willful and knowing actions

    and inactions.

    CHAPEL IS A PROTECTED PARTY UNDER THE LAW

    44.  On or about the fall 2001, CHAPEL became aware of Matt Tuck (son of TUCK) being

    cheated through WESTERN under false claims of “disability” (Section 504 of the Rehabilitation Act

    of 1973). WESTERN did not have a Section 504 program, coordinator, or any required policies or

     procedures. Through FOIA responses in 2010, CHAPEL was able to piece together WESTERN's lies

    to OCR-SF in 2005. DUNCAN and OCR-SF received CHAPEL’s “OCR Review” exposing

    WESTERN’s lies the first week of January 2011 (SUSAN filed to divorced CHAPEL 30 days later). 

    45.  RUARK, with other administrators at WESTERN, willfully made known

    misrepresentations to OCR by false statements and backdated documents (CA Penal Code 134) in

    order to mislead federal authorities during a federal investigation in order to appear that WESTERN

    was compliant with Section 504. Plaintiffs now know that this was done, because such impacted

    WESTERN’s signed PPA since 2003 and involvement in FSAP. CHAPEL has been at all times

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     protected from retaliation. Barker v. Riverside County Office of Educ. (9th Cir. 2009) 584 F.3d 821,

    and now 31 U.S.C. § 3730(h)(1) “IN GENERAL.—Any employee, contractor, or agent shall be

    entitled to all relief necessary to make that employee, contractor, or agent whole, if that employee,

    contractor, or agent is discharged, demoted, suspended, threatened, harassed, or in any other manner

    discriminated against in the terms and conditions of employment because of lawful acts done by the

    employee, contractor, or agent on behalf of the employee, contractor, or agent or associated others in

    furtherance of other efforts to stop 1 or more violations of this subchapter.”

    46.  CHAPEL's protection from WESTERN’s retaliation would also include, 31 U.S.C. §

    3730(h)(2) “RELIEF.—Relief under paragraph (1) shall include reinstatement with the same

    seniority status that employee, contractor, or agent would have had but for the discrimination, 2 times

    the amount of back pay, interest on the back pay, and compensation for any special damages

    sustained as a result of the discrimination, including litigation costs and reasonable attorneys’ fees.

    An action under this subsection may be brought in the appropriate district court of the United States

    for the relief provided in this subsection.”

    47. 

    In the fall of 2001, CHAPEL was an employee of WESTERN and he was forced out

    of his position and as a student in 2002, due to actions taken by WESTERN, RUARK, KORCH,

    TUCK, ROBERTS, WIGGINS, and DOWNS. Further, as CHAPEL was also a student, “The harm of

    wrongful expulsion is immediate, real and irreparable.” Carlos Martinez v. University of Colorado,

     District Court, County of Boulder, State of Colorado OF, Case No. 2000 CV 658. Private

    universities may not act “arbitrarily and capriciously” towards students. Babcock v. New Orleans

     Baptist Theological Seminary, Court of Appeal of Louisiana, Fourth Circuit. November 16, 1989.

    ( An ATS accredited school. The court determined that the seminary acted in a manner that was

    “grossly unfair and arbitrary.”) The doctrine prohibiting “arbitrary and capricious” discipline

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     prevents universities from disciplining students maliciously or dishonestly because a “university does

    not have the right of arbitrary dismissal” Robinson v. University of Miami, 100 So. 2d 442, 444 (Fla.

     Dist. Ct. App. 1958).

    48.  The Supreme Court of the United States in Tinker v. Colwell, 193 U.S. 473, 24 S.Ct.

    505, 48 L.Ed. 754, approved the famous definition of malice by Bayley, J., in Bromage v. Prosser  (4

    Barn. & C. 247), whose remarks have become a classic in the law, as follows: “Malice, in common

    acceptation, means ill will against a person, but in its legal sense it means a wrongful act, done

    intentionally, without just cause or excuse. If I give a perfect stranger a blow likely to produce death,

    I do it of malice, because I do it intentionally and without just cause or excuse. If I maim cattle,

    without knowing whose they are, if I poison a fishery, without knowing the owner, I do it of malice,

     because it is a wrongful act, and done intentionally. If I am arraigned of felony, and willfully stand

    mute, I am said to do it of malice, because it is intentional and without just cause or excuse. And if I

    traduce a man, whether I know him or not and whether I intend to do him an injury or not, I

    apprehend the law considers it as done of malice, because it is wrongful and intentional. It equally

    works an injury, whether I meant to produce an injury or not.” This case is well beyond malice at

    this point.

    SILENCE IS NOT GOLDEN

    49.  The United States has gone silent in this case three times. The first time was in 2008

    at the direction of the General Counsel’s Office (TALBERT) of Defendant USDE. At that time, the

    General Counsel’s office instructed Defendant USDE employees via a memo to disregard and not to

    speak with Plaintiffs CHAPEL, NYE-WILSON and their attorney, John Hannon, to further obstruct

    Plaintiff's justice by abuse of power after the 2008 letters were written at the direction of

    SPELLINGS. Plaintiffs are aware of this due to earlier FOIA responses. SPELLINGS, et al., placed

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    their desire to avoid public scandal over the well being of a family, to nourish the Religious and cover

    up multiple acts of deceit and corruption..

    50.  The second time of silence was in January 2011, thirty days prior to SUSAN filing for

    divorce from CHAPEL, and after CHAPEL filed his "OCR REVIEW" to Defendant USDE noting

    the corruption of the enterprises, RICO parties, with their co-conspirators that has been protected

    through today by United States Government and in particular the OA. At that time, DUNCAN and

    others within the Defendant USDE were made aware of the facts that WESTERN has been lying to

    Defendant USDE, making false statements and misrepresentations regarding Section 504 compliance.

    Plaintiff CHAPEL was able to piece together the lies by WESTERN, et al., due to FOIAs he had

    filed, which resulted in him and Plaintiff NYE-WILSON filing additional lawsuits to force Defendant

    USDE to produce records it was intentionally holding, having gone silent in January 2011.

    51.  This instant action marks the third USDE period of silence to Plaintiffs. The OA

    knows it has destroyed lives, including CHAPEL and his family (SUSAN and JOEL), and caused

    significant damage to NYE-WILSON and WILSON, yet the OA remains silent, apparently hoping

    everything will go away. This is not the leadership America expects and needs. Rather this is

    cowardice by the OA.

    52.  OA is chiefly aware that its claims of 2007-2008 are baseless, and that it clearly had

    no evidence to do what it did or continues to do. OA is also chiefly aware that the enterprises, RICO

     parties, with their co-conspirators claims are not simply baseless, but are in violation of 127 years of

    stare decisis, the U.S. Constitution, each of the states’ constitutions, federal and state laws and

    decisional cases, which has caused major problems. (Failed oversight (Navient letter of 9/5/15, p. 1-

    2), lacked evidence (10/29/15 letter to David Berger, p. 3), lacked legal support (10/29/15 letter to

    David Berger, p. 1-2), violated public policy (Navient letter of 9/5/15, p. 2-3, 10-29, p. 3 “ ATS

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     standards or procedures that override Mary R. v. B. & R. Corp., 149 Cal. App. 3d 308, etc.”),

    colluded with NWCCU and ATS (Navient letter of 9/5/15, p. 5), obstructed justice, abused

    government power in order to destroy two civil cases (Navient letter of 9/5/15, p. 5-6), violated the

    False Claims Act with student aid fraud (10/29/15 letter to David Berger, p. 4), and the U.S.

    Department of State (10/29/15 letter to David Berger, p. 5-6, 11/14/15 letter to David Berger, p. 1-

    5) mishandled a child abduction.) Yet, the OA continues to cover everything up, causing further

    damage to CHAPEL, SUSAN, JOEL, NYE-WILSON, and WILSON.

    53.  CHAPEL has made final notice and has clearly and conclusively noticed the serious

    nature of this case. Every step of the way, the Government, the enterprises, the RICO parties, with

    their co-conspirators, has fought to silence, cover up and damage Plaintiffs because so much is on the

    line. For the Government, it used James A. Scharf as a preferred weapon. Now irreparable damage

    has occurred on multiple fronts and in multiple areas. It is reasonable that, if the roles were reversed,

    the people in government, the enterprises, the RICO parties, with their co-conspirators would not

    want the irreparable damage to occur to them or their families. Both CHAPEL and NYE-WILSON

    have acted to reason with the OA, to seek documents and perform an intensive investigation to prove

    their points, but the Plaintiff’s limit has been reached.

    54.  There are some who are concerned that CHAPEL might do something. Broadly

    speaking, in Plaintiff's case, the gestalt of the Government for years has been  to misrepresent the

    issues to favor the corruption. By doing the mental gymnastics one can reason that regardless of the

    evidence and legal arguments the Plaintiffs uncover and note, it follows that it doesn't matter if

    CHAPEL is a model citizen or not, because the Government will continue to misrepresent the issues

    to favor the corrupt actors. Thus, the Government created a dilemma: why should CHAPEL make the

    effort to be a model citizen without the benefits and justice he deserves are being withheld from him

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    by the Government -- A Government hell bent on damaging his family and him? Government has

    done this; Government has caused this; Government is furthering the problems needlessly. It is not

    CHAPEL the public should be worried about, rather it is the OA – and ironically, these are the

    arguments of the National Rifle Association (“NRA”). OA is actually supporting the NRA narratives

    by abusing CHAPEL and his family. To the extent that, apparently, no Government employee has

    done the mental gymnastics on this is exasperating. Apparently, James A. Scharf has not, as his law

    degree came from a Cracker Jacks box.

    55.  Indeed, society is an aggregate of people living together in an ordered community that

    relies upon the notion that by collaboration, people can be governed by accepted norms, laws, and

    values allowing members of  society to live together in peace. America's Founding Fathers invoked

    this idea with the phrase “ Life, Liberty and the pursuit of Happiness” for which they believed

    governments are created to protect their citizens. But when members of a government denounce

    those central core values, a society turns from being based on rule of law, to  rule by law which 

    governments use to oppress members of society.

    56. 

    There is very, very limited time left now to see if the PRESIDENT’s promise,

    “Transparency and the Rule of Law will be the Touchstones of this Presidency” is actually true,

    or if this case will erupt into societal chaos to envelope the Obama Administration’s legacy. The

    time is overdue for the PRESIDENT to exterminate the last segments of SPELLINGS massive

    “clusterfuck ” harming education, students, and families. Now is the time for justice. 

    THE FOIA FACTS

    16-00200-F

    57.  On October 26, 2015, Plaintiff NYE-WILSON submitted a FOIA request to Defendant

    USDE, seeking access to the following:

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    1. Any and all records concerning the funds made available to Western Seminary forstudents using the Federal Family Education Loan Program from 2003 to currentyear.

    2. Any and all records concerning the funds made available to Western Seminary forstudents using the Federal Direct Student Loan Program from 2003 to current

    year.3. Any and all records concerning the funds made available to Western Seminary forstudents using the Federal Perkins Loan Program from 2003 to current year.

    4. Any and all records concerning the funds made available to Western Seminary forstudents using the Federal Work-Study Program from 2003 to current year.

    5. Each Fiscal Operations Report and Application to Participate (FISAP) byWestern Seminary submitted for 2003 to current year.

    58.  On October 27, 2015, Defendant USDE acknowledged Plaintiff NYE-WILSON’s

    request and assigned it No. 16-00200-F.

    59. 

    On December 7, 2015, Defendant USDE stated, “that your request has been forwarded

    to the appropriate office to search for documents that may be responsive to your request, but, due to

    the Department’s voluminous amount of FOIA requests, your request, FOIA Request No. 16-00200-

    F may not be processed within the 20 working-day timeframe. The Department apologizes for any

    inconvenience this may cause you. Please be assured that your request will be processed as soon as

     possible. The Department apologizes for any inconvenience this may cause you.”

    60.  On that same day, Plaintiff Nye-Wilson informed Defendant USDE, “a component

    may extend the twenty-day response time "only in unusual circumstances." 34 CFR 5.21(e) Unusual

    circumstances exist when: the component needs to collect responsive records from separate offices;

    the request involves a "voluminous" amount of records that must be located, compiled, and reviewed;

    or the component needs to consult with another federal agency or other DOJ components that have a

    substantial interest in the responsive information.” Plaintiff Nye-Wilson went on to note that

    Defendant USDE’s “assertion doesn't fall within the requirements of the law. Further, according to

    34 CFR 5.21(d) or 34 CFR 5.21(e) a requestor can be notified to modify the FOIA request so it can

     be processed within the 20 day period or ‘arrange with the Department an alternative time period

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    within which the FOIA request will be processed.’ What you have cited to us doesn't fall within the

    statutory requirements of FOIA. This is key since, the court looks if the request has been fulfilled. It

    has not.”

    61.  On December 17, 2015, Defendant USDE stated “The Department of Education (the

    Department) anticipates responding to your FOIA request with an interim response by the end of

    January 2016, and if the date changes, you will be notified in advance.” At that time, Defendant

    USDE notified Plaintiff Nye-Wilson of her right to appeal within 35 days of the date of the letter.

    62.  On December 17, 2015, Plaintiff notified Defendant USDE: “We understand that the

    Department of Education has ‘punted.’ Let's work together and attempt to make the request more

    streamlined: We are not asking for the Department to provide total amounts, unless it has them. We

    are not asking for the Department to perform any action such as adding up all the various times

    Western Seminary has been paid with federal funds. We are not asking for the Department to go

    through all the various applications and documents for federal student aid for students attending

    Western Seminary, if such can be avoided, so that we can perform the math to reach the total amount

    of money Western Seminary has been paid with federal funds. If the Department has a REPORT or

    PRINT SCREENS, that provides information for the years 2003 to the current, concerning the federal

    funds for the different programs noted in the request, we can do the addition and so on. IF THIS IS

    EASIER, then we will accept a REPORT or PRINT SCREENS, and do the math. The bottom line is

    we are looking for the total amount of federal money that has been paid to Western Seminary

    since 2003.”

    63.  As of the end of January, Defendant USDE has produced no records and made no

    effort to contact Plaintiff NYE-WILSON.

    F-2015-13699

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    64.  On August 19, 2015 Plaintiffs sent seven FOIA requests to Defendant STATE with

    details to ensure that the records could be reasonably found in short order, including names of people

    who might hold such records and places where records might be located.

    65.  On Sept 18, 2015, Defendant STATE acknowledged receipt of Plaintiffs request, and

    assigned it Case Control Number F-2015-13699.

    66.  The requested records from Defendant STATE were:

    Request 1: Seeking any record(s) that document Susan Anne Chapel  or Susan Anne Allister  of England is unable to enter the United States of America as of fall2009.

    Request 2: Seeking any record(s) between (Susan Chapel or Susan Allister or herlegal representative) and the London embassy.

    Request 3: Seeking any record(s) between (Susan Chapel or Susan Allister or herlegal representative) and the U.S. Department of State.

    Request 4: Seeking any record(s) that references Joel Chapel.

    Request 5: Seeking any record(s) that references Susan Chapel or Susan Allister.(Same person)

    Request 6: Seeking any record(s) that references Carol Nye-Wilson.

    Request 7: Seeking any record(s) that references Randy Chapel.

    67.  Defendant STATE responsive records were due on Oct 19, 2015. Defendant STATE

    never produced any records. An appeal was sent on Oct 19, 2015 and a response was made on Oct

    23, 2015 stating that an appeal was not necessary.

    68.  As of this date, Defendant STATE has produced no responsive records.

    69. 

    It is reasonable to conclude, considering the history between the U.S. Government and

    in particular the OA, that the OA will continue to act to damage and harm Plaintiffs and their family,

    even if it means destroying records to cover up what it has done.

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    70.  Pursuant to 5 U.S.C. § 552(a)(6)(A)(i), Defendants were required to determine

    whether to comply with the request within twenty (20) working days of receipt and to notify

    Plaintiffs immediately of its determination, the reasons therefore, and the right to appeal any adverse

    determination.

    71.  As of the date of this complaint, Defendants each of them, have failed to: (i) determine

    whether to comply with the request; (ii) notify Plaintiffs of any such determination or the reasons

    therefore; (iii) advise Plaintiffs of the right to appeal any adverse determination; and/or (iv) produce

    the requested records or otherwise demonstrate that the requested records are exempt from

     production.

    72.  Because the Defendants, each of them, have failed to comply with the time limit set

    forth in 5 U.S.C. § 552(a)(6)(A), Plaintiffs are deemed to have exhausted any and all administrative

    remedies pursuant to 5 U.S.C. § 552(a)(6)(C).

    COUNT 1

    (Violation of FOIA, 5 U.S.C. § 552)

    73.  Plaintiffs reallege paragraphs 1 through 72 as if fully stated herein.

    74. 

    Defendants STATE and USDE are unlawfully withholding records requested by

    Plaintiffs pursuant to 5 U.S.C. § 552.

    75.  Plaintiffs have been irreparably damaged by reason of both Defendants unlawful

    withholding of records responsive to Plaintiffs FOIA request, by both Defendants’ actions and will

    continue to be irreparably harmed unless both Defendants are compelled to conform its conduct to the

    requirements of the law.

    WHEREFORE, Plaintiffs respectfully request that the Court: (1) order both Defendants to

    conduct searches for any and all records responsive to Plaintiffs FOIA requests and demonstrate that

    it employed search methods reasonably likely to lead to the discovery of records responsive to

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    Plaintiff’s FOIA requests; (2) order both Defendants to produce, by a date certain, any and all non-

    exempt records responsive to FOIA requests and a Vaughn index of any responsive records withheld

    under claim of exemption; (3) enjoin both Defendants from continuing to withhold any and all non-

    exempt records responsive to Plaintiffs FOIA requests; (4) grant Plaintiffs an award of attorney's fees

    and other litigation costs reasonably incurred in this action pursuant to 5 U.S.C. § 552(a)(4)(E); and

    (5) grant Plaintiffs such other relief as the Court deems just and proper.

    Dated: March 7, 2016 Respectfully submitted,

    /s/ Carol Nye-WilsonP.O. Box 711419Mountain View, HI 96771Tel: 808/968-7423Email: [email protected] In Pro Per

    /s/ Randy ChapelP.O. Box 711419Mountain View, HI 96771 In Pro Per